WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2007

FIRST DAY

____________

Charleston, W. Va., Sunday, March 18, 2007

Pursuant to the proclamation of His Excellency, the Governor, the Honorable Joe Manchin III, dated the seventeenth day of March, two thousand seven, convening the seventy-eighth Legislature of West Virginia in extraordinary session today (Sunday, March 18, 2007), under the provisions of section seven, article seven of the Constitution of West Virginia, the Senate assembled in its chamber in the state capitol in the City of Charleston immediately upon adjournment sine die of the Extended Budget Session and was called to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
On the call of the roll, the following answered to their names:
Senators Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President).
Thirty-two members having answered to their names, the President declared the presence of a quorum.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, convening the Legislature in extraordinary session, which was read by the Clerk:
STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

CHARLESTON

A P R O C L A M A T I O N

By the Governor

I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority vested in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature of West Virginia to convene in Extraordinary Session upon adjournment sine die of the 2007 Regular Session, as extended by proclamation dated March 7, 2007, and further extended by proclamation dated March 16, 2007, in its chambers in the State Capitol, City of Charleston, for the sole purpose of considering and acting upon the following matters:
FIRST: Certain supplementary appropriation bills.
SECOND: Legislation relating to the compensation of the membership of the West Virginia State Police.
THIRD: Legislation relating to the authorization of certain pharmacy-related practices; authorizing electronic prescribing; and extending the date for collaborative pharmacy practice agreements.
FOURTH: Legislation relating to the administration of certain estates valued to be one hundred thousand dollars or less, exclusive of real estate specifically devised and nonprobate assets.
FIFTH: Legislation to authorize and appropriate the expenditure of public moneys to pay the expenses of this extraordinary session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, on this the Seventeenth day of March, in the year of our Lord, Two Thousand Seven, and in the One Hundred Forty-Fourth year of the State.

JOE MANCHIN III,
Governor.
By the Governor:

BETTY IRELAND,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 101--Raising a committee to inform the House of Delegates the Senate has assembled in extraordinary session.
Resolved by the Senate:
That a committee of three be appointed by the President to inform the House of Delegates that the Senate has assembled in extraordinary session, with a quorum present, and is ready to proceed with the business for which the extraordinary session was called by His Excellency, the Governor.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee the following:
Senators Jenkins, Bailey and McKenzie.
Subsequently, Senator Jenkins, from the committee to notify the House of Delegates the Senate has assembled in extraordinary session, and is ready to proceed with the business of the session, announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates Marshall, Martin and Sobonya, announced that the House of Delegates has assembled in extraordinary session, with a quorum present, and is ready to proceed with the business stated in the proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 102--Raising a committee to wait upon the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join with a similar committee on the part of the House of Delegates, be appointed by the President to notify His Excellency, the Governor, that at his call the Legislature has assembled in extraordinary session, with a quorum of each house present; and is ready to receive any communication or message he may be pleased to present under section seven, article seven of the Constitution of West Virginia, which provides that no business except that stated in his proclamation be considered.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such committee the following:
Senators Fanning, Hunter and Boley.
A message from the House of Delegates, by
Delegates Hatfield, Argento and Rowan, announced that the Speaker had appointed them a committee of three to join with a similar committee on the part of the Senate to wait upon the Governor, under the provisions of Senate Resolution No. 102. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Fanning reported that the joint Senate and House committee had performed the duty assigned to it.
The Senate proceeded to the third order of business.
Executive Communications

The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 18, 2007

Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "FY 2007 Official Revised Estimate" "General Revenue Fund - Statement of Revenues by Source" which I submitted to you on January 10, 2007, as part of my Budget Document for the fiscal year ending June 30, 2008:
General Revenue Fund

Statement of Revenues by Source

(Expressed in Thousands)

FY 2007
Official
Revised
Source of RevenueEstimate
Business and Occupation Tax
$178,500
1

Consumers Sales Tax1,018,000
Personal Income Tax1,318,250
Liquor Profit Transfers11,000
Racing Fees1,500
Beer Tax and Licenses8,600
Cigarette Tax103,200
Business Franchise Fees1,900
Charter Tax6,500
Use Tax116,000
2

Property Transfer Tax16,000
Property Tax4,800
Insurance Tax106,500
Departmental Collections15,800
Corporate Income/Business Franchise Tax300,750
3

Miscellaneous Receipts
1,000

Miscellaneous Transfers1,000
Interest Income45,000
4

Severance Tax314,000
Smokeless Tobacco Tax4,900
HB102 - Lottery Transfers77,900
Senior Citizen Tax Credit Reimbursement6,000
Total
$3,657,100
5

 1Revised from$ 175,500to$ 178,500-Increase of$3,000.
2Revised from 112,000to 116,000-Increase of4,000.
3Revised from 295,750to 300,750-Increase of5,000.
4Revised from 35,000to 45,000-Increase of10,000.
5Revised from3,635,100to3,657,100-Increase of22,000.
 Thank you for your cooperation in this matter.
Sincerely,

Joe Manchin III,

Governor.

General Revenue Fund

Statement of Revenues, Expenditures and Changes in Cash Balance

(Expressed in Thousands)

Actual Cash Balance July 1, 2006
$ 468,971

Less:31-Day Disbursements
(July 1, 2006--July 31, 2006)(24,984)

Accumulated Prior Year Reimbursements

(July 1, 2006--July 31, 2006)
11

Prior Year Appropriations Forwarded
(266,364)
(291,337)

Accumulated Surplus from FY 2006
$177,634

Less:Transfer one-half to Revenue Shortfall Reserve Fund (Statutory)
(88,817)

Unappropriated Surplus Balance$88,817

Plus:Accumulated Prior Year Reimbursements
(August 1, 2006--March 15, 2007)
78

Unappropriated Balance$88,895

Less:Surplus Appropriation--Consolidated Public Retirement Board (HB 212)(80,000)
Less:
Recommended Surplus Appropriations
(8,895)

Unappropriated Surplus Balance from FY 2006
$-0-

Plus:
Revised Revenue Estimated FY 2007
3,657,100

Less:
Regular Appropriations FY 2007(3,628,750)

Less:
Recommended Supplemental Appropriations(28,079)

Estimated balance June 30, 2007
$271

 In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was introduced and read by its title:
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 1001--A Bill to amend and reenact §30-5-1b, §30-5-12, §30-5-12b, §30-5-16b and §30-5-29 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-5-12c; to amend and reenact §30-7-15c of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to the authorization of certain pharmacy-related practices; authorizing electronic prescribing; and extending the date for pharmacy collaborative agreements.
At the request of Senator Chafin, unanimous consent being granted, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1001 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1001) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 101--A Bill to amend and reenact §44-1-14a of the Code of West Virginia, 1931, as amended, relating to administration of estates by fiduciary commissioners; requiring commissioner to conclude administration of certain estates upon request by interested party; limiting notice required to creditors and payment of related fees by personal representatives; setting expiration of time period for unpaid creditors to file claims against estate; and requiring commissioner to conduct hearing on claim filed by unpaid creditor.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 101) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 101) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 102--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Agriculture, fund 0131, fiscal year 2007, organization 1400, to the West Virginia Conservation Agency, fund 0132, fiscal year 2007, organization 1400, to the Department of Administration - Public Defender Services, fund 0226, fiscal year 2007, organization 0221, to the Department of Education - State Department of Education, fund 0313, fiscal year 2007, organization 0402, to the Higher Education Policy Commission - System - Control Account, fund 0586, fiscal year 2007, organization 0442, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 102) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 102) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 102) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 103--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration - Division of General Services, fund 0230, fiscal year 2007, organization 0211, to the Department of Commerce - Division of Tourism, fund 0246, fiscal year 2007, organization 0304, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2007, organization 0307, to the Department of Commerce - Division of Natural Resources, fund 0265, fiscal year 2007, organization 0310, to the Department of Commerce - Division of Miners' Health, Safety and Training, fund 0277, fiscal year 2007, organization 0314, to the Department of Education - State FFA-FHA Camp and Conference Center, fund 0306, fiscal year 2007, organization 0402, to the Department of Education - State Department of Education, fund 0313, fiscal year 2007, organization 0402, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2007, organization 0506, to the Department of Health and Human Resources - Consolidated Medical Services Fund, fund 0525, fiscal year 2007, organization 0506, to the Department of Military Affairs and Public Safety - Division of Homeland Security and Emergency Management, fund 0443, fiscal year 2007, organization 0606, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2007, organization 0608, and to the Department of Revenue - Office of the Secretary, fund 0465, fiscal year 2007, organization 0701, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Minard and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 103) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Minard and Sharpe--3.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 103) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Minard and Sharpe--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 103) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
On motion of Senator Chafin, the Senate recessed for fifteen minutes.
Upon expiration of the recess, the Senate reconvened and again proceeded to the sixth order of business.
On motions for leave, severally made, the following bill was introduced and read by its title:
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 1002--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to the compensation of the membership of the West Virginia State Police.
At the request of Senator Chafin, unanimous consent being granted, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bailey, Fanning, Minard and Sharpe--4.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 1002 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bailey, Fanning, Minard and Sharpe--4.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1002) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Bailey, Fanning, Minard and Sharpe--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 1002) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Eng. House Bill No. 103, Making a supplementary appropriation to Department of Administration - Division of General Services, Department of Commerce, Division of Natural Resources, etc.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote as to the effective date.
The vote thereon having been reconsidered,
Thereafter, on motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 103--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Administration - Division of General Services, fund 0230, fiscal year 2007, organization 0211, to the Department of Commerce - Division of Tourism, fund 0246, fiscal year 2007, organization 0304, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2007, organization 0307, to the Department of Commerce - Division of Natural Resources, fund 0265, fiscal year 2007, organization 0310, to the Department of Commerce - Division of Miners' Health, Safety and Training, fund 0277, fiscal year 2007, organization 0314, to the Department of Education - State FFA-FHA Camp and Conference Center, fund 0306, fiscal year 2007, organization 0402, to the Department of Education - State Department of Education, fund 0313, fiscal year 2007, organization 0402, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2007, organization 0506, to the Department of Health and Human Resources - Consolidated Medical Services Fund, fund 0525, fiscal year 2007, organization 0506, to the Department of Military Affairs and Public Safety - Division of Homeland Security and Emergency Management, fund 0443, fiscal year 2007, organization 0606, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2007, organization 0608, and to the Department of Revenue - Office of the Secretary, fund 0465, fiscal year 2007, organization 0701, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, Yoder and Tomblin (Mr. President)--29.
The nays were: None.
Absent: Bailey, Fanning, Minard, Sharpe and White--5.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 103) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 1001, Authorizing certain pharmacy-related practices.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2007, of
Eng. Senate Bill No. 1002, Relating to compensation of West Virginia State Police.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, to take effect from passage, of
Eng. House Bill No. 103, Making a supplementary appropriation to Department of Administration - Division of General Services, Department of Commerce, Division of Natural Resources, etc.
Senator Chafin offered the following pre-adjournment resolution:
Senate Resolution No. 103--Raising a committee to notify the House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to notify the House of Delegates that the Senate has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify the House of Delegates of impending Senate adjournment:
Senators Jenkins, Foster and Facemyer.
Subsequently, Senator Jenkins reported that the duties assigned by Senate Resolution No. 103 had been performed.
Thereafter, a three-member delegation from the House of Delegates, namely
Delegates Marshall, Martin and Sobonya, announced that that body also had completed its labors and was ready to adjourn sine die.
Senator Chafin then offered the following resolution:
Senate Resolution No. 104--Raising a committee to notify His Excellency, the Governor, that the Legislature is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of three to join with a similar committee of the House of Delegates to notify His Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator Tomblin (Mr. President) appointed the following committee to notify His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Love, Green and Boley.
Delegates Hatfield, Argento and Rowan, then announced that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were ready to proceed with this assignment.
Senators Love, Green and Boley, comprising the Senate committee, then joined the House committee and proceeded to the executive offices to notify His Excellency, the Governor, of imminent adjournment of this extraordinary session of the Legislature.
Subsequently, Senator Love, from the joint select committee to notify His Excellency, the Governor, that the Legislature had completed the business of this extraordinary session and was ready to adjourn sine die, returned to the chamber and was recognized by the President. Senator Love then reported this mission accomplished.
At the request of Senator White, unanimous consent being granted, the Joint Committee on Enrolled Bills was granted permission, after it has examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this first extraordinary session of the seventy-eighth Legislature in the year two thousand seven, to file its reports with the Clerk and that the same be included in the Journal of the last day of the session; and also, that any communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, be included in the Journal.
In accordance with the foregoing unanimous consent agreement, the following reports of the Joint Committee on Enrolled Bills were filed as follows:
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of March, 2007, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 101), Relating to the administration of estates by fiduciary commissioners.
And,
(H. B. No. 102), Making a supplementary appropriation to the Department of Agriculture, the West Virginia Conservation Agency, the Department of Administration, Department of Education.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of March, 2007, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 103), Making a supplementary appropriation to Department of Administration - Division of General Services, Department of Commerce, Division of Natural Resources, etc.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 2nd day of April, 2007, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 1001), Authorizing certain pharmacy-related practices.
And,
(S. B. No. 1002), Relating to compensation of West Virginia State Police.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Executive Communications

Under authorization of Senate approval therefor in prior proceedings today, to include in this day's Journal communications showing the Governor's action on enrolled bills presented to him in post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency, the Governor, advising that on March 23, 2007, he had approved Enr. House Bill No. 102 and Enr. House Bill No. 103; on April 2, 2007, he had approved Enr. Senate Bill No. 1001; and on April 4, 2007, he had approved Enr. Senate Bill No. 1002 and Enr. House Bill No. 101.
On motion of Senator Chafin, the first extraordinary session of the Senate in the year two thousand seven adjourned sine die.
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